Terms of Access and Use
Welcome
Thank you for choosing to visit the Trident University International website. These website Terms of Access and Use apply to your access to, and use of, the University’s website located at www.Trident.edu, as well as any other Trident University-controlled sites or webpages, regardless of domain name or IP address (collectively “Site” or “Sites”) and features and applications accessible through, or in connection with, the Sites (collectively the “Services”). Further, these Terms of Access and Use are in addition to the terms or conditions of any other agreement you may have with the University, or its subsidiaries or affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by Trident University.
PLEASE READ THESE TERMS OF ACCESS AND USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE UNIVERSITY, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES. IF YOU HAVE QUESTIONS ABOUT THE TERMS OF ACCESS AND USE CONTACT TRIDENT UNIVERSITY THROUGH (INSERT CONTACT INFORMATION OR HYPERLINK).
Accessibility
It is Trident University’s goal to provide an exceptional experience to students, prospective students and anyone interested in the University. We monitor the website regularly to maintain this standard.
We currently follow the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines help make web content more accessible for people with disabilities, as well as more user-friendly for everyone.
If you experience any issues whatsoever during your visit to Trident.edu, please contact us at 1-800-451-2269. We will immediately take corrective action and provide information as appropriate.
You Acknowledge and Agree
(a) That the Trident University website or content therein, or both, may not be accessible, or in a form that is conveniently accessible, by you; and
(b) That the Trident University website may be interrupted for maintenance and repairs, or for any other reason and that access to any content cannot be, and is not, guaranteed.
(c) In the event that any content or part of the website is not accessible by you for any reason, you hereby agree to contact Trident University immediately, informing Trident University of access issues, allowing Trident University to take appropriate action and steps to provide you access.
(d) That no guarantee or representation has been made that the Trident University website, its content, or the server that makes the website available on the Internet are free of software viruses;
(e) That no guarantee or representation has been made that the functions contained in any software contained on this website or its content will operate uninterrupted or are error-free;
Modifications to Terms of Access and Use
Trident University reserves the right to change or modify any of the terms and conditions contained in the Terms of Access and Use or any Additional Terms of the Sites, at any time and in its sole discretion. If the University changes or modifies these Terms of Access and Use, the University will post the changes to these Terms of Access and Use on the Sites and will indicate at the top of this page the date these Terms of Access and Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of access and Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.
Copyright and Limited License from Trident University
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Trident University and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Access and Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) distribute, rent, sell, resell, lease, transfer, lend, timeshare, syndicate or otherwise commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
(d) copy, modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) use any Content, or this Website, to cause offence, harm, injury, damage or loss of any kind whatsoever to Trident University, its faculty, staff or students, or to any other person;
(i) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(j) use the Sites, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of Trident University is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Access and Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in Trident University’s sole discretion.
You may not use the University logo or other proprietary graphic of Trident University for any purpose without the express prior written permission of Trident University. Further, you may not use, frame or utilize framing techniques to enclose any University trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Trident University’s express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of the University or any third party.
Infringement Policy
Trident University may, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement. Further, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws and regulations, Trident University will terminate, in appropriate circumstances and at the University’s sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. Notwithstanding the foregoing, users who are students of Trident University will also be subject to the policies and procedures set forth in the Policy Handbook of the University Catalog.
Copyright Complaints
If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, may send notice of such claimed infringement to:
Office of Compliance and Regulatory Affairs
Trident University International
5757 Plaza Drive, Suite 100
Cypress, CA 90630
By Facsimile Transmission: 714-276-6528
By Email: Compliance@trident.edu
To be effective, a notification of claimed infringement must be a written communication provided to the Office of Compliance and Regulatory Affairs and include substantially the following:
- a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
- c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- d) Information reasonably sufficient to permit our or our designee’s contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification and verification, Trident University will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringement by means of any one or more of the following methods at the University’s sole option: a general notice on the Sites, electronic mail to the content provider’s email address in our records, or by written communication sent by first-class mail to such user’s postal address in our records.
Counter Notification
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification, please submit to the Office of Compliance and Regulatory Affairs a written communication containing the following:
(a) A physical or electronic signature.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complaining Party who submitted the infringement notification or his, her or its principal or agent.
Upon receipt of such counter notification, Trident University will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform the Complaining Party or entity that the University will replace the removed material or cease disabling access to it in 10 business days. The University will replace the removed material and cease disabling access to it between 10 and 14, business days following receipt of the counter notice, unless the Office of Compliance and Regulatory Affairs first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site(s).
Trademarks
No logos or any other product or service name or slogan contained in the Sites may be copied, imitated or used, in whole or in part, without the express prior written permission of Trident University or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Trident University” or “Trident University International” any other name, trademark or product or service name of the University without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the University and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Trident University.
Hyperlinks
Trident University makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of Trident University and the University is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Trident University provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Trident University of any site or any information contained therein. When you leave the Sites, these Terms of Access and Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site’s terms of access and use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
Third Party Content and Applications
In addition to official pages on the Sites containing the content of Trident University in support of the University’s mission and vision, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of Trident University. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). Trident University does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Trident University is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
The University may provide information about or links to third party products or services on the Sites or may run third party promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Trident University is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-University advertisers or third party information on the Sites.
User Content and Conduct
The Sites or the Services may include public or restricted access discussion forums, blogs or other interactive areas or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of the University, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the University or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
In addition, if you are a student at Trident University you have certain responsibilities with respect to your conduct as set forth in the “Policy Handbook”, the University policies regarding student use of computing resources and other applicable policies contained in the Trident University Policy Handbook which may be accessed via MyTLC student portal (https://mytlc.trident.edu/) or from our website located at http://www.trident.edu/catalog. Your conduct on the Sites is subject to and must fully conform with these policies. Violation of the policies published in the Policy Handbook may result in appropriate sanctions, as determined in the University’s sole discretion, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Access and Use and any policy in the University Policy Handbook or the University Catalog, the University policies shall take precedence. Notwithstanding the previous sentence, the University reserves the right to resolve any such conflicts in its sole discretion.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
Any use of the Interactive Areas or other portions of the Sites, the Site Materials or the Services in violation of these Terms of Access and Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites, the Site Materials or the Services.
The University takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is the University liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the University is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, the University has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, the University reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the University’s systems and customers, or to ensure the integrity and operation of the University’s business and systems, the University may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The University’s right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the University’s Privacy Policy.
Except as explicitly indicated in these Terms of Access and Use, or unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant the University, its affiliates, and third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the University and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that the University has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content and the University will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Access and Use obligates or may be deemed to obligate the University to sell, license or offer to sell or license any advertising, promotion or distribution rights. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to the University and its affiliates as herein provided;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Terms of Access and Use and will not violate any rights of or cause injury to any person or entity.
Representations; Data; Account Security
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any forms on the Sites (“Data”);
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Data, and any other information you provide to the University, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Data and any other information you provide to the University.
Submissions Relating to Site(s) or Services
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or the University provided by you by participating in surveys hosted by the University, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to the University, or any postings on the Sites, are non-confidential and shall be the sole property of the University, and that upon submission of such materials to the University you thereby assign without additional consideration all right, title or interest you may hold in such materials to the University. The University shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Export Restrictions
Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Press Releases
The information contained within press releases issued by Trident University should not be deemed accurate or current except as of the date the release is posted. Trident University has no intention of updating, and specifically disclaims any duty to update, the information in any press releases.
Indemnification
You agree to defend, indemnify and hold harmless Trident University, their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against Trident University and/or their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Access and Use, the Google Admin Policies or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TRIDENT UNIVERSITY, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRIDENT UNIVERSITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. TRIDENT UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TRIDENT UNIVERSITY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER TRIDENT UNIVERSITYNOR UNIVERSITY EMPLOYEES ARE RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE TRIDENT UNIVERSITY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, TRIDENT UNIVERSITY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Trident University reserves the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Trident University.
Limitation of Liability
IN NO EVENT SHALL TRIDENT UNIVERSITY, ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, , THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TRIDENT UNIVERSITY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE UNIVERSITY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OFTRIDENT UNIVERSITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE UNIVERSITY FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY.
Applicable Law and Venue
These Terms of Access and Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Access and Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in the County of Orange, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Access and Use.
Termination
Notwithstanding anything to the contrary in these Terms of Access and Use, Trident University reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.
Severability
If any provision of these Terms of Access and Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Access and Use and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Sites may be directed to Trident University by using Trident’s contact form or one of the numbers provided on the contact us page.
